John McKeown – Goldman Sloan Nash & Haber LLP

Taken Too Far? Clarifying a Word Mark Owner’s Right to Use the Trademark in Any Form

A recent decision of the Federal Court of Appeal has further clarified the law concerning the use of a design element in a trademark…more

Traps for the Unwary - Protecting Product Shape and Appearance

A recent decision of the Federal Court considered the rights associated with a line of playground structures…more

Anonymous Wi-Fi Services and Copyright Infringement

A recent decision of the EU’s highest court has confirmed that a Wi-Fi service provider is not responsible for copyright infringement that took place using the Wi-Fi services provided by them.…more

Confusing Times

A recent decision of the Federal Court found that use of the business name “Time Development Group” infringed a registration of the trademark TIMES GROUP CORPORATION.…more

The Impact of a Design in a Trademark Dispute Revisited

In our newsletter article of March 2015 we discussed a decision of the Federal Court which had given little weight to the use of a design element consisting of an oval shaded background of a trademark…more

Passing Off and Product Shape

A recent U.K. decision provides a review of the law relating to a claim for passing-off based on the shape of a product…more

Bad Faith Trademark Applications

A recent decision of the Federal Court affirmed the Trademarks Opposition Board’s decision to allow an opposition as a result of bad faith on the part of the applicant.…more

Linking and Copyright Infringement

A recent decision of the Court of Justice, the European Union’s highest court, considers the situations when posting a link on the Internet can constitute copyright infringement…more

False or Misleading Statements that Discredit a Competitor

A recent decision of the Federal Court considered an assertion of patent infringement that had been made to the defendant’s customer.…more

De Minimis Sampling and Copyright

A recent decision the United States Court of Appeals for the Ninth Circuit found that Madonna’s song Vogue was not infringing as a result of a horn segment sampled from another song…more

Blurred Lines

A recent U.S. decision relating to the song Blurred Lines has attracted significant publicity but raises some concerns.…more

Drafting Industrial Designs

A recent decision of the Federal Court provides an overview of how the industrial design system works…more

Who is the Author of a Computer Program?

A recent decision of the Federal Court considers what is required to be an author of a computer program…more

No Copyright in Facts

A recent decision of the Federal Court has found that a novel did not infringe the copyright in a documentary.…more

Developing a Filing Strategy for Industrial Designs

In November of 2013 we discussed a trial decision in an industrial design case that dealt with a novel yet important issue of law. Since that time, the case has gone all the way to the United Kingdom Supreme Court, the United…more
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